Disposed

Sindhu v. the State of Kerala

Kerala HC24 Nov 2022WP(C)/24894/2021

Case brief

AI extract

What is this about?

The Court directed the Panchayat to consider a regularization application within two months and stayed coercive demolition proceedings pending such decision, ensuring the petitioner is heard before a decision is made.

What did the court decide?

Stayed coercive proceedings under Ext.P8; directed 2nd respondent to consider regularization application (Ext.P9) within two months with hearing opportunity.

Sindhu Vs the State of Kerala — Landlord and Tenant | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
THURSDAY, THE 24TH DAY OF NOVEMBER 2022 / 3RD AGRAHAYANA, 1944
WP(C) NO. 24894 OF 2021

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PETITIONER:

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SINDHU
AGED 50 YEARS
D/O.BHAGEERATHI, KADAYIL VEEDU, CHANDANATHOPE PO.,
PERINAD VILLAGE, KOLLAM TALUK, KOLLAM DISTRICT -
691 014.
BY ADVS.
C.R.JAYAKUMAR
NOBEL RAJU

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RESPONDENTS:

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1 THE STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT (RURAL), GOVERNMENT SECRETARIAT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM, PIN - 695001.

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2 THE SECRETARY, PERINAD GRAMA PANCHAYATH, DEPARTMENT OF LOCAL SELF GOVERNMENT (RURAL), CHEMMAKAD P.O., PERINAD VILLAGE, KOLLAM TALUK, KOLLAM DISTRICT - 691 601.

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BY ADV MANOJ RAMASWAMY

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 24.11.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

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W.P.(C)No.24894 OF 2021.

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J UDGMENT

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Dated this the 24^th day of November, 2022

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Alleging that the petitioner has made certain alterations to her building by changing tin sheet roof to concrete roof, the 2^nd respondent initiated Ext.P8 proceedings under Section 235 W of the Kerala Panchayat Raj Act, 1994 directing to demolish the construction carried out by her. The petitioner submits that she has filed Ext.P9 application for regularisation of the construction and the same is pending before the 2^nd respondent.

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In the facts and circumstances of the case and having regard to the submissions made across the bar there will be a direction to the 2^nd respondent to consider Ext.P9 application for regularisation within a period of two months from the date of receipt of a copy of this judgment. Before a decision is taken on Ext.P9, the petitioner shall be afforded an opportunity of

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W.P.(C)No.24894 OF 2021.

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hearing. Till orders are passed as above, all coercive proceedings pursuant to Ext.P8 shall be kept in abeyance.

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Writ petition is disposed of.

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Sd/MURALI PURUSHOTHAMAN JUDGE

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Raj.24.11.2022.

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W.P.(C)No.24894 OF 2021.

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APPENDIX OF WP(C) 24894/2021

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`PETITION`	`ER EXH`	`IBITS`
`Exhibit`	`P1`	`THE TRUE COPY OF THE SALE DEED` `NO.3368/2013 OF SRO, KUNDARA.`
`Exhibit`	`P2`	`THE TRUE COPY OF THE PROPERTY TAX` `RECEIPT NO.KL02031808710/2021 ISSUED` `FROM THE VILLAGE OFFICE, PERINAD.`
`Exhibit`	`P3`	`THE TRUE COPY OF THE POSSESSION` `CERTIFICATE ISSUED FROM THE VILLAGE` `OFFICE, PERINAD.`
`Exhibit`	`P4`	`THE TRUE COPY OF THE BUILDING TAX` `RECEIPT NO.23 DATED 22/02/2020 ISSUED` `FROM GRAMA PANCYAYATH, PERINAD.`
`Exhibit`	`P5`	`THE TRUE COPY OF THE ORDER NO.P3` `5043/2021 DATED 22/09/2021 ISSUED BY` `THE 2ND RESPONDENT.`
`Exhibit`	`P6`	`THE TRUE COPY OF THE STATEMENT GIVEN` `BY THE PETITIONER BEFORE THE 2ND` `RESPONDENT.`
`Exhibit`	`P7`	`THE TRUE COPY OF THE DISABILITY` `CERTIFICATE NO.761 DATED 18/3/2014` `ISSUED FROM THE GOVERNMENT DISTRICT` `HOSPITAL, KOLLAM.`
`Exhibit`	`P8`	`THE TRUE COPY OF THE ORDER UN-` `NUMBERED AND DATED NIL ISSUED BY THE` `2ND RESPONDENT.`
`Exhibit`	`P9`	`TRUE COPY OF THE APPLICATION FOR` `REGULARIZATION DATED 6/11/2021.`

Sindhu v. the State of Kerala

Case brief

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Sindhu v. the State of Kerala

Case brief

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